Longtime Houston firefighter sues department, for the third time

Published 9:37 pm, Sunday, June 10, 2012

A veteran Houston firefighter who has won two bias lawsuits against the city struck again last week, filing a complaint that alleges age discrimination, race discrimination and unlawful retaliation.

Charles Julian, 69, claims he intentionally was given low performance evaluations to foil his goal of becoming Houston's first black fire chief. He was hired by the Houston Fire Department in 1968 and worked up the ranks to become a district chief in 1984.

Since 1989, he's been unsuccessfully applying for higher-level positions.

"He keeps on complaining and filing lawsuits and winning and then they keep on demoting him and denying him jobs," Julian's lawyer, Peter Costea, said. "Since 1984, he hasn't been able to break that glass ceiling. When you see other guys who have less experience, less knowledge and less years being promoted, that leaves a bitter taste in his mouth."

Julian first sued in 1999, when he was 56, claiming that a former fire chief deemed him too old to promote. A federal jury determined that the city had discriminated based on age and awarded him $109,222. The city lost its appeal. A subsequent settlement included Julian's promotion in 2003 to assistant chief, one step below the top job. The amended final judgment in the case, signed by a federal district judge in 2005, included $213,656 in front and back pay as well as more than $65,000 in attorney's fees.

2006 lawsuit

After Phil Boriskie was appointed Houston fire chief in 2004 by then-new Mayor Bill White, Julian was demoted. (HFD chiefs have discretion in choosing assistant chiefs.)

Julian sued again in 2006, claiming that he received the lowest performance ratings of his career after the demotion in retaliation for his previous lawsuit and that those marks negatively impacted his career advancement. In 2008, a federal magistrate judge awarded Julian almost $140,000. That amount included lost pay that would have been earned in a higher position as well as attorney's fees.

The newest legal action, filed in Harris County civil court against the city of Houston, alleges that Julian's known aspiration to lead HFD was thwarted deliberately in retaliation for both lawsuits.

"Good ratings of performance evaluations are one of the most important criteria to be selected as fire chief," the lawsuit says, adding that Julian's low marks since 2005 "weakened and placed [him] at a disadvantage for the fire chief position."

Julian applied twice in 2010 to lead the department. The suit also asserts that he was passed over the same year for deputy chief/shift commander positions - the step between district chief and assistant chief - for younger, less-experienced people.

According to city payroll records, Houston Fire Chief Terry Garrison, chosen by Parker in late 2010, is paid $180,250 annually. Each of the seven assistant fire chiefs makes $112,440 or $118,092. Two of the executive assistant fire chiefs make $123,684 and another is paid $129,901.

Current salary

Julian earns $86,964 as a district chief

The lawsuit requests a jury trial and the award of monetary damages.

Costea clarified that his client isn't an "activist" and doesn't sue to address long-standing allegations of discrimination in the department's recruiting, hiring and promotion of women and people of color.

Julian also isn't thinking about retirement, his lawyer added.

In November, as one of the longest-serving Houston firefighters, he will mark 44 years with the department.